Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-01-13

ton, trust that We snaH nos Pe1"n
arropantly dictate our legislation or encfoacn
upon our undisputed right to build ana "an
our own vessels and d, our own business.
England has built up her merchant MARINE
BY hostile legislation. which has cr'ppieu
weak governments, and by preying upo. US
Today it is her ambition to DO all OF QUIZ
carving trade.
So far As il NAV be in her power to legs,
late and discriminate against us, we should
find no fault, but against any and all attempts
direct or indirect on her part to secure regis,
latioB through our Congress when wouiu
tend to enrich and enlarge her commefe'si
interests and bring to US ruin, absolute Anu
complete: we should raise warning voice
and leave nothing undone to teach our Con
gress that thew have been elected oy tne
American people to legislate for Americans
trust, Mr. Speaker. that the resolutions
will receive the hearty endorsement! Oh all
members present.
Mr.. Sp .aker. move that the rules BE sus-
pended and the resolves be passed TO % en-
crossed.
MIR. O'Brien of Tnomaston:
M. Speaker-I rise to say word or two on
this subject, a. representing a town that mas
a large interest in this mattsr-ownlng nun
dreds of thousands of dollars worth OF ship
ming which it desires to have protected
non. that this House will act promptly IN the
matter.
The motion of Mr.. Wakefield being put by
the Speaker, was carried unanimously. and
the resolutions were ordered passed to be en-
crossed
Papers from the Senate:
Ordered, That joint committee of three
on the part of the Senate, with such as the
House NAV join. be appointed, to whom all
matters relating to temperance and the pro-
hihitors laws shall be referred.
This orde came from the Senate read and
passed, with Messrs. Cole of Cumberland,
Libbey of Penobscot, and Daggett of Piscat-
aquis, appointed on its part. aud was read
and passed in concurrence, and Messrs. Allen
of Alfred, Alden of Winthrop. Looney of
Portland, Smith of Mapeton. Poole of
Boothbay. Roberts of Dexter. and Alexander
of Lnneus, were joined on the part of the
House.
On motion Of Mr.. Noble of Lewiston,
Ordered, The Senate concurring. that a
copy of the R-vised Statutes be furnished
the chairman of each joint and standing
committee, for their use during the session.
On motion of Mr.. Dow of Portland,
Ordered, That the Committee on the Judic
ency of legislation authorizing the exemption
of executors, administrators and trustees
from giving bonds to the judge of probate,
in cases where all parties interested join in
petition to that effect; also to permit sureties
on probate bonds to sign for their respective
shares of the amount of the bond; and report
by bill or otherwise.
On motion of Mr.. Smith of Napoleon.
Ordered, That the Committee on the Ju-
dietary inquire into the expediency of amend
ing Sections Is, 60 and Ga of Chapter 70 of
the Revised Statutes, by striking out the
words "three hundred" wherever the same
occur therein, and inserting in place thereof
zone thousand"
On motion of Mr.. Barker of Bangor,
Ordered, That the Committee on the Ju
dietary be directed to inquire into and re-
port upon what legislation, if any, is neces-
sary for the better preservation or disrbu-
ton to the several counties of the plans now
on fie in the State Land office, by copies or
otherwise.
On motion of Mr.. Clark Of Calais,
Ordered, That the Committee on Claims
be authorized to investigate the claim of
Bradley Munson of Calais against the State
Of Maine.
Mr.. Dickey of Fort Kent: Mr.. Speaker,
we are called upon now to legislate in aid of
various corporations, by special enactments.
Some years ago, the people of this State.
through the legislature, amended the consti
tuition. bv which all these railroad charters
should be granted under general law. Now,
If the Il gislature grants a railroad charter
and the towns which are interested shall is
sue their bonds, and then the Supreme Court
should declare that the charter was null and
d. Il, L.,
view of this fact, propose to ask the Su
preme Court to examine and report to this
House or to the legislature, on this subject
If the general Law is not ample in all its
provisions to organize these corporations,
why, then, the legislature will have the power
10 organize and create such corporations If
the law is not perfect, then the Commission
ers who grant these charters have no power
to do so, and the charters are null and void.
1t is a duty of Importance for the legislature
to prevent the lltig ,tions growing out of this
state of affairs, and | have therefore framed
the following resolution, by which the ques-
tons are referred to the Supreme Court,
whether the law referred to in article 4, sec.
4 of the constitution is ample or not. and if
it is ample, whether the legislature en- pass
or grant charters. The resolution | have
prepared is as follows:
Whereas, There has been petition pre-
scented to the Legislature, asking to be grant
ed charter for a railroad from Sebago Lake
to Mechanic Falls; snd
Whereas, The Constitution, article 4, sec
ton 4, provides that Corporations shall be
formed under general laws and snail not be
created by special act of the Legislature, ex-
cept for municipal purposes, and in cases
where the objects of the corporation cannot
be attained; AMI, however formed.
they shall forever be subject to the general
laws of the State"
arise as to the right of the Legislature to
grant railroad charters, aud also such corpo-
rations organized under the general law BY
the Railroad Commissioners, be it
Resolved, That the Justices of the Supreme
Judicial Court of the State be requested to
give their opinion to the Legislature on the
following questions. to wit;
Is the general law referred to in the Con
stitution sufficient in all its provisions to or
ganize railroad corporations? and, if so,
Has the Legislature power to grant char
tiers to railroads?
Mr.. Speaker, it seems to me that
this question should be settled, and finally
settled, because we have for years be en-
granting railroad charters and towns have
been issuing their bonds to the fullest extent
on those charters, and if the charters are null
an void, then these bonds cannot be collect
ed The Railroad Commissioners, have, too,
been issuing charters and organizing corpor-
atoms, and if they are not legal, under the
general law. then there is another trouble.